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SOUNDINGS v. FOERSTER

153150/14.

138 A.D.3d 160 (2016)

25 N.Y.S.3d 202

2016 NY Slip Op 01273

BOARD OF MANAGERS OF THE SOUNDINGS CONDOMINIUM, Respondent, v. SONJA FOERSTER, Appellant, et al., Counterclaim and Third-Party Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 23, 2016.

Attorney(s) appearing for the Case

A.M. Richardson, P.C., New York City (Ambrose M. Richardson, III of counsel), for appellant.

Belkin Burden Wenig & Goldman, LLP, New York City (Robert T. Holland, Sherwin Belkin, Magda L. Cruz and Michael A. Battema of counsel), for respondent.

RENWICK, ANDRIAS, MANZANET-DANIELS and KAPNICK, JJ., concur.

OPINION OF THE COURT

This is an action to rescind the conveyance of a condominium apartment (fourth cause of action) on the ground that defendant purchaser misrepresented to plaintiff, the condominium's board of managers, that she would use the unit as a private residence and, instead, established a professional day care business...

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